Montana 2023 Regular Session

Montana Senate Bill SB162

Introduced
1/11/23  
Refer
1/12/23  
Engrossed
1/30/23  
Refer
3/11/23  
Enrolled
4/7/23  

Caption

Provide notice to foster parents in CPS cases

Impact

If enacted, SB 162 would have a significant impact on state laws concerning child welfare and the legal rights of caregivers. By formalizing the obligations of the Department to inform relevant parties, it strengthens the role of caregiving relatives and foster parents in legal proceedings. Moreover, the bill ensures that these caregivers are given timely notice of hearings and reviews, which is pivotal for effective participation in decisions concerning the child's future. This legislative change advocates for a more holistic approach to child welfare, recognizing the crucial role that caregivers play in the judicial process.

Summary

Senate Bill 162 seeks to amend existing laws to ensure that foster parents, preadoptive parents, or relatives caring for children involved in child abuse and neglect proceedings are adequately informed of their rights. The bill mandates the Department of Public Health and Human Services to provide these individuals with written notice regarding their ability to appear in court, be heard, and intervene in proceedings related to the care and custody of the child. This informed participation aims to enhance the involvement of caregivers in judicial processes concerning children entrusted to them, creating a more inclusive environment for discussions about a child's wellbeing.

Sentiment

The overall sentiment surrounding SB 162 is largely supportive, with many advocates for children's welfare praising the bill for enhancing transparency and communication between caregivers and the judicial system. Proponents argue that it empowers the voices of those directly involved in a child's life and helps ensure that children's best interests are prioritized. However, there may also be concerns regarding how effectively the Department will implement these notification processes, including timeliness and clarity of information provided to caregivers.

Contention

Notable points of contention include the potential challenges in execution and enforcement of these notification requirements. Critics may express skepticism about whether the Department has sufficient resources or protocols in place to guarantee that all required notices are accurately and promptly delivered. Additionally, there could be discussions related to the scope of rights extended to foster and preadoptive parents, particularly regarding how their involvement might influence decisions that were traditionally the purview of state agencies and judges alone.

Companion Bills

No companion bills found.

Previously Filed As

MT SB183

Provide for jury trials in cases involving termination of parental rights

MT SB156

Generally revise evidentiary burdens related to child abuse and neglect cases

MT HB603

Provide for reinstatement of parental rights

MT HB513

Require consideration of harm of removal in child abuse and neglect cases

MT SB113

Make permanent certain notification requirements in CPS cases

MT SB181

Require notice of parent legal rights in child protective services cases

MT SB328

Apply ICWA concepts to all child protective services cases

MT HB317

Provide for the Montana Indian Child Welfare Act

MT SB231

Require department of public health and human services to file attachments to affidavit in child abuse or neglect proceedings

MT SB115

Revise definition of psychological abuse or neglect in CPS cases

Similar Bills

No similar bills found.